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ing a dividend of the profits. The King v. The Governor and Company of the Bank of England,

E. 59 G. 3. Page 620 2. Where a railway was made under the authority of an act of parliament, by which the proprietors were incorporated, and by which it was provided that the public should have the beneficial enjoyment of the same; the company having afterwards taken up the railway: Held that a mandamus might issue to compel the company to reinstate and lay down again the railway. The King v. The Severn and Wye Railway Company, T. 59 G. 3. 646

3. The mode of burying the dead is a matter of ecclesiastical cognizance: and therefore where the question was, Whether a parishioner had a right to be buried in the parish church-yard in an iron coffin, which was a new and unusual mode, the court refused a mandamus. The King v. Coleridge and Others, T. 59 G. 3. 806

MARRIAGE SETTLEMENT, See DEED, 1, 2.

MONEY HAD & RECEIVED, See PARTNERSHIP, 3.

OUTER DOOR, BREAKING
OF,

See TRESPASS, 3.
PARTNERSHIP.

1. Where one of three partners, after a dissolution of partnership, undertook by deed to pay a particular partnership debt on two bills of exchange, and that was communicated to the holder, who consented to take the separate notes of the one partner for the amount, strictly reserving his right against all three, and retained pós

2.

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session of the original bills: Held that the separate notes having proved unproductive, he might still resort to his remedy against the other partners, and that the taking under these circumstances the separate notes, and even afterwards renewing them several times successively, did not amount to satisfaction of the joint debt. Bedford v. Deakin and Others, M. 59 G. 3. Page 210 Where one of two partners makes a contract as to the terms on which any business is to be transacted by the firm, although such business is not in their usual course of dealing, and even contrary to their arrangement with each other, and the business is afterwards transacted by or with the knowledge of the other partner: Held that he is bound by the contract made by his partner. Sandilands v. Marsh, T. 59 G. 3. 673 3. A. employed B. and C., who were partners as wine and spirit. merchants, to purchase wine and sell the same upon commission.. C. the managing partner, represented that he had made the purchases, and that he had sold a part of the wines so purchased at a profit; the proceeds of such supposed sales he paid to A., and rendered accounts, in which he stated the purchases to have been made at a certain rate per pipe. In fact, C. had neither bought nor sold any wine. The transactions were wholly fictitious, but B. was wholly ignorant of that. Upon the whole account a larger sum had been repaid to A., as the proceeds of that part of the wine alleged to be resold, than he had advanced; but the other part of the wine, which C. represented as having been purchased, was unaccounted for. Held that B. was liable for the false repre

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sentations

sentations of his partner; and that A. was entitled to retain the money that had been paid to him upon these fictitious transactions, as if they were real. Held, also, the supposed purchases having been represented to have been made at a certain specified rate per pipe, that A. might maintain an action for money had and received to recover the specific sums advanced for the number of pipes of wine unaccounted for. Rapp v. Latham and Parry, T. 59 G. 3. Page 795

PARTY WALL.

The assignee of the lessee of premises, at a fixed rent, which he considerably improved, and thereby rendered of greater annual value, is not the owner of the improved rent within the 14 G. 3. c. 78. Lambe v. Hemans, . E.

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Patent for "a new or improved method of drying and preparing malt." In the specification it was stated, that the invention consisted in exposing malt previously made to a very high degree of heat; but it did not describe any new machine invented for that purpose, nor the state, whether moist or dry, in which the malt was originally to be taken for the purpose of being subjected to the process; nor the utmost degree of heat which might be safely used; nor the length of time to be employed; nor the exact criterion by which it might be known when the process was accomplished: Held that the patent was void; inasmuch as, 1st, the specification was not sufficiently precise; and as, 2dly, the patent appeared to be for a different thing from that mentioned in the specification. Held, also, that as

the word malt was here not to be taken in its usual sense, viz. of an article used in the brewing, but only in the colouring of beer, that in the patent here it was necessary to have stated the purpose to which the prepared malt was to be applied, and to have said that it was obtained for a new method of drying and preparing malt to be used in the colouring of beer. Quare, Whether a patent can be good if obtained for a mere process to be carried on by known implements or elements acting upon known substances; inasmuch as the word "manufacture," in 21 Jac. c. 3., seems rather to be confined either to some new article or to some new instrument, or part of an instrument, to be used in making an article previously well known: And held, that at all events no merely philosophical or abstract principle can answer to that word, or be the subject of a patent. The King v. Wheeler, H. 59 G. 3. Page 345

PAYMENT,

See BILL OF EXCHANGE, 5. A bond was given to the several per

sons constituting the firm of a banking-house, conditioned for the repayment of the balance of an account, and of such further sums as the bankers might advance to the obligor; one of the partners dies, and a new partner is taken into the firm; at that time a considerable balance is due from the obligor to the firm; advances are afterwards made by the bankers, and payments made to them on account by the obligor; the latter is credited by the new firm with the several payments, and charged with the original debt and subsequent advances as constituting items in one entire account, and the balance

of the ship and freight, due or to grow due, although the loss was occasioned by the misconduct of one of the defendants, who was both master and part-owner; and, Secondly, That the value of the ship was to be calculated at the time of the loss, and not at the time of the commencement of the voyage; and, Thirdly, That in calculating the value of freight, due or to grow due, money actually paid in advance was to be included. Wilson v. Dickson, M. 59 G. 3. Page 2

lance due at the time of the part-
ner's death is considerably re-
duced, and that reduced balance,
by order of the obligor, is trans-
ferred by the bankers to the ac-
count of another customer, who,
with his assent, is charged with
the then debt of the obligor.
The person so charged having
become insolvent, the surviving
partners of the original firm
brought their action upon the
bond: Held that as they had not
originally treated it as a distinct
account, but had blended it in the
general account with other trans-2.
actions, that they were not at
liberty so to treat it at a subse-
quent period; and that having
received in different payments a
sum more than sufficient to dis-
charge the debt due upon the
bond at the time of the death of
the deceased partner, that the
bond was to be considered as
paid.

Quære, Whether the transfer of the
balance due from the obligor to
the account of another, with his
assent, did not, in point of law,
operate as payment. Bodenham
v. Purchas, M. 59 G. 3. Page 39

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By charter-party the freighter covenanted to pay to the owner freight at and after the rate of so much per ton, per month, for the term of six months at least, and so in proportion for less than a month, or for such further time than six months as the ship might be detained in the service of the freighter, until her final discharge, or until the day of her being lost, captured, or last seen or heard of; such freight to be paid to the commander of the ship in manner following, viz. so much as might be earned at the time of the arrival of the ship at her first destined port abroad, to be paid within ten days next after her arrival there, and the remainder of the freight at specific periods: Held that this constituted one entire covenant, and that the arrival of the ship at her first destined port abroad was a condition precedent to the owner's right to recover any freight; and that the ship having been lost on her outward voyage, the owner was not entitled to recover freight at so much per month to the day of the loss. Gibbon v. Mendez, M. 59 G. 3. 17 An attachment for non-payment of money is in the nature of mesne process; and where the party had been taken and permitted to go at 31 3 large

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ment as for want of a plea, and made the defendant or his attorney pay the costs occasioned by the plea, and the costs of the rule for correcting the proceedings. Thomas v. Vandermoolen, M. 59 G. 3. Page 197 So also where the sham plea was such as to make it necessary for the plaintiff's attorney to consult counsel, and thereby cause delay and expence, the court suffered the plaintiff to sign judgment, and made the attorney pay the costs. Bartley v. Godslake, M. 59 G. 3.

199

10. An indictment charged that defendants conspired, by divers false pretences and subtle means and devices, to obtain from A. divers large sums of money, and to cheat and defraud him thereof: Held, that the gist of the offence being the conspiracy, it was quite sufficient only to state that fact and its object, and not necessary to set out the specific pretences. Kingv.Gill and Henry, M. 59 G.3.

large and returned again into custody, and continued in custody at the return of the writ; it was held that the sheriff was not liable to an action for an escape. Lewis v. Morland, M. 59 G. 3. P. 56 4. Covenant will lie by the assignee of the reversion of part of the 9. demised premises against the lessee for not repairing. Twynam v. Pickard, M. 59 G. 3. 5. Declaration stated that plaintiff had sold to defendant a quantity of oak at the average price of the season, to be ascertained before a given day, and then averred that before that day the average price was ascertained to be a given sum. Held that the payment of money into court did not admit that the average price was that stated in the declaration. Stoveld v. Brewin and Another, M. 59 G. 3. 116 6. The character of broker is materially different from that of factor; and, therefore, where a broker sells goods, without disclosing the name of his principal: Held, that he acts beyond the scope of his authority, and that the buyer cannot set off a debt due from the broker to him against the demand for goods made by the principal. Baring v. Corrie, M. 59 G. 3. 137 7. Certain parts of a machine had been put up by the tenant during his term, and were capable of being removed without either injuring the other parts of the machine or the building, and had been usually valued between the out-going and in-coming tenant: Held that these were the goods and chattels of the out-going tenant, for which he might maintain trover. Davis v. Jones, M. 59 G. 3. 165 8. Where a sham plea was pleaded calculated to raise issues requiring different modes of trial, the court suffered the plaintiff to sign judg3

204

11. By the word transportation in the
8 G. 3. c. 15. is meant not merely
the conveying of the felon to the
place of transportation, but his
being so conveyed and remaining
there during the term for which
he is ordered to be so transported;
and therefore a felon attainted is
not by that statute restored to his
civil rights till after the expiration
of the term for which he is or-
dered to be transported.
2dly, By attainder all the per-
sonal property and rights of action
in respect of property accruing to
the party attainted, either before
or after attainder, are vested in
the crown without office found;
and therefore attainder may be
well-pleaded in bar to an action
on a bill of exchange indorsed to
the plaintiff after his attainder.
Bullock v. Dodds, H. 59 G. 3. 258

12. In

12. In declaration for pirating a book, an allegation that plaintiff was the author of a book, being a musical composition, called A., is well supported by shewing him to be the author of a musical composition of that name, comprised in and occupying only one page of a work with a different title, which contained several other musical compositions. The 54 G.3. does not impose upon authors as a condition precedent to their deriving any benefit under that act, that the composition should be first printed; and, therefore, an author does not lose his copyright by selling his work in manuscript before it is printed. White v. Geroch, H. 59 G. 3. Page 29813. The declaration stated that a bill of exchange was drawn and accepted at Dublin, viz. at Westminster, for a certain sum therein mentioned, without alleging it to be at Dublin in Ireland: Held that the bill upon this declaration must be taken to have been drawn in England for English money; and therefore proof of a bill drawn at Dublin in Ireland for the same sum in Irish money, which differs in value from English money, did not support the declaation, and that this was a fatal variance.

Held, also, the bill having been drawn for a certain sum sterling, that the omission of the word sterling in the declaration was immaterial. Kearney v. King, H. 59 G. 3. 301 14. An agent cannot dispute the title of his principal; and, therefore, where a ship originally belonged to one of two partners, and had been conveyed to B. for securing a debt, and B. became the sole registered owner of the ship, and afterwards, as agent for both partners, insured the ship and

H. 59 G. 3.

freight, and charged them with the premiums, &c.; and, on a loss happening, received the money from the underwriters: Held that he was accountable to the assignees of the surviving partner for the surplus, after payment of his own debt, and not to the executors of the deceased partner, to whom the ship originally belonged. Dixonv.Hamond, Page 310 15. A person having three bills of exchange, applied to a country banker, with whom he had had no previous dealings, to give for them a bill on London of the same amount, and the bill given by the banker was afterwards dishonoured: Held that this was a complete exchange of securities, and that trover would not lie for the three bills of exchange.

Held, also, that if the exchange had not been complete, still that the banker having become a bankrupt, and the three bills having come to the possession of his assignees, must be considered as goods and chattels in the order and disposition of the bankrupt at the time of his bankruptcy, within the statute of James. Hornblower v. Proud, H. 59 G. 3.

327 16. The contract laid in the declaration was to deliver stock on the 27th of February. The contract proved was to deliver stock on the settling-day, which, at the time, was fixed for, and understood by the parties to mean, the 27th of February: Held that the proof supported the declaration. Wickes v. Gordon, H. 59 G. 3. 17. In an action for disturbance of plaintiff's right of common, the declaration stated that he was possessed of a messuage and land, with the appurtenants, and by reason thereof ought to have common of pasture, &c.: Held 314 that

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